Karnataka High Court
Krishnarao S/O Gurunathrao Kulkarni vs Nageshwar Rao S/O Peraiah ... on 9 December, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF DECEMBER, 2023
CONCILIATORS PRESENT
THE HON'BLE MR.JUSTICE H.P.SANDESH
AND
SHRI. SHIVAKUMAR S. BADAWADAGI, MEMBER
CRIMINAL REVISION PETITION. NO.100309/2021
LOK ADALAT NO.1710/2023
BETWEEN
KRISHNARAO,
S/O. GURUNATHRAO KULKARNI,
AGE: 84 YEARS, OCC: PENSIONER,
R/O. 'KESH RAJ VIHAR',
RAJAJINAGAR, 1ST CROSS,
NEAR S.D.M. DENTAL COLLEGE,
BEHIND TRAVEL INN, P.B.ROAD,
SATTUR, DHARWAD-580009.
...PETITIONER
(BY SRI.A.P.MURARI, ADVOCATE)
AND
NAGESHWAR RAO,
S/O. PERAIAH VISHWANATHULA,
AGE. 61 YEARS, OCC. BUSINESS,
R/O. 'SHRINIVAS NILAYA',
OPP: J.T.COLLEGE, GADAG-582102.
...RESPONDENT
(BY SRI.B.G.INDI AND SRI.K.L.PATIL, ADVOCATES)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401
OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF
C.C.NO.1870/2019 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE
AND JMFC II COURT, GADAG, AND OF CRIMINAL APPEAL NO.16/2020
ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, GADAG
AND EXAMINE AS TO CORRECTNESS, LEGALITY AND PROPRIETY OF
THOSE FINDINGS AND SENTENCE AWARDED TO THE ACCUSED
PETITIONER AND TO SET ASIDE THE IMPUGNED JUDGMENT AND
ORDER IN CRIMINAL APPEAL NO.16/2020 DATED 30.10.2021 PASSED
BY THE PRL.DISTRICT AND SESSIONS JUDGE, GADAG, CONFIRMING
THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED
BY THE II ADDL. CIVIL JDUDGE AND JMFC II COURT, GADAG, IN
C.C.NO.1870/2019 DATED 29.02.2020 FOR OFFENCE PUNISHABLE
U/S 138 OF N.I.ACT, AND SET ASIDE THE JUDGMENT AND ORDER IN
C.C.NO.1870/2019 DATED 29.02.2020 FOR OFFENCE PUNISHABLE
U/S 138 OF N.I.ACT AND SET ASIDE THE JUDGMENT AND ORDER IN
C.C.NO.1870/2019 DATED 29.02.2020 PASSED BY THE II ADDL. CIVIL
JUDGE AND JMFC II COURT, GADAG CONVICTING THE ACCUSED
PETITIONER AND SENTENCING HIM TO PAY A FINE OF RS.7,10,000/-
AND IN THE EVENT OF FAILURE TO PAY THE SAID FINE AMOUNT. TO
UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS
AND FURTHER DIRECTING THAT OUT OF THE FINE AMOUNT, THE
COMPLAINANT IS ENTITLED TO RS.7,00,000/- AND THE REMAINING
AMOUNT OF RS.10,000/- HAS TO BE REMITTED TO THE
GOVERNMENT.
THIS CRL.RP. COMING ON FOR CONCILIATION BEFORE LOK
ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING
CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
This criminal revision petition is against the judgment and
order, dated 29.02.2020, passed in C.C.No.1870/2019, by the II
Additional Civil Judge & JMFC II Court, Gadag (for short 'the Trial
Court'), and the judgment and order, dated 30.10.2021, passed
in Criminal Appeal No.16/2020 on the file of the Prl. District and
Sessions Judge, Gadag (for short 'the District Court') confirming
the judgment and order of the Trial Court, whereby the
petitioner herein has been convicted for the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881 (for
short, 'the NI Act') and sentenced to pay a fine of Rs.7,10,000/-
out of which Rs.7,00,000/- is ordered to be paid to the
complainant (respondent herein) as compensation, and the
remaining amount of Rs.10,000/- is ordered to be appropriated
to the State.
2. The petitioner/accused and the respondent/
complainant along with their respective counsels are present.
3. After prolonged negotiations, the matter is settled.
Both the parties have filed a Compromise Petition under Section
147 of the NI Act read with Section 320(1) of the Code of
Criminal Procedure, 1973.
4. As per the terms and condition of the Compromise
Petition, both the parties have agreed to settle the matter to the
tune of Rs.6,40,000/-. The petitioner has paid a sum of
Rs.6,40,000/- (Rupees Six Lakh Forty Thousand only) by way of
a Demand Draft. The respondent acknowledges receipt of the
said amount before the Lok Adalat today. The respondent also
agrees that he has no further claim whatsoever as against the
petitioner in respect of the present case.
5. The petitioner herein has deposited a sum of
Rs.1,05,000/- District Court in Crl.A. No.16/2020 and a sum of
Rs.1,05,000/- before this Court in this revision petition. As per
the terms of Compromise Petition, the respondent has no
objection for withdrawal of the said amount by the petitioner.
Hence, it is ordered that amount in deposit before this Court and
the District Court be paid to the petitioner digitally.
6. The petitioner-accused has agreed to pay the fine
amount of Rs.10,000/- before the Trial Court within one week
from the receipt of copy of this order and he is directed to
produce the receipt for having deposited the said fine amount
within one week thereafter.
7. In view of the settlement arrived at between the
parties, the judgment of conviction and order of sentence passed
by the Trial Court and confirmed by the District Court is set aside
and the petitioner is acquitted of the offence punishable under
Section 138 of the NI Act. The criminal revision petition stands
disposed of in terms of the Compromise Petition.
Sd/-
JUDGE
Sd/-
MEMBER
KMS
